Wally 's Techdirt Comments

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  • On the post: DOJ Admits It Had To Put Aaron Swartz In Jail To Save Face Over The Arrest

    Wally ( profile ), 25 Feb, 2013 @ 03:41pm

    Re: Re: Re:

    A database is a list of accessible folders and files contained therein. Under your logic, merely listing a bunch of your favorite movies and cataloging them by genera, date released, and/or any combination therein is copyrightable...

  • On the post: DOJ Admits It Had To Put Aaron Swartz In Jail To Save Face Over The Arrest

    Wally ( profile ), 25 Feb, 2013 @ 03:28pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

    Why do you mindlessly troll on and on like a child???

  • On the post: DOJ Admits It Had To Put Aaron Swartz In Jail To Save Face Over The Arrest

    Wally ( profile ), 25 Feb, 2013 @ 03:20pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    His initial charges were headed for 30 to 50 years in a federal prison and in fact were the sentences the prosecution was seeking.

  • On the post: DOJ Admits It Had To Put Aaron Swartz In Jail To Save Face Over The Arrest

    Wally ( profile ), 25 Feb, 2013 @ 03:15pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    Honestly...if I faced upwards of $3.5-million in fines and 35 year to life in solitary confinement (which is what a Federal Prison is) after changing out the NIC device on my computer from wireless to wired...I would commit suicide too. That action was what got him arrested....changing out the fucking NIC device in his computer.

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 01:10pm

    Re: Re: Re: Terms of entry

    The "In Consideration" is out the window. No matter what clause or TOS or paper signing you do in purchasing a ticket....If you create the footage....you own it. The creation clauses in copyright can be exploited (just ask the RIAA and the MPAA) but they are also fairly strong and they override any "do not make videos while watching any sporting event live" clauses in the process.

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 12:55pm

    Re: Re: The copyright does belong to NASCAR, but it was fair use.

    Ticket Clauses do not apply one iota so you may be waiting a long time for that....

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 12:43pm

    Re: Re: Minght not have been NASCAR (Directly)

    Or some guy looking like Garry Cooper at the Ritz!!!!

    This I can inwardly laugh at :-)

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 12:41pm

    Re: Re: Re: Another Avenue

    YouTube's take-down system is solely DMCA based. NASCAR could have flagged it...but then again that only pertains to inappropriateness and copyright issues.

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 12:37pm

    Re: Re: Another Avenue

    But it never hurts to ask politely :-)

  • On the post: DailyDirt: Going To Mars

    Wally ( profile ), 25 Feb, 2013 @ 05:35pm

    There is only one man all US Citizens..and possible the world should ever blame for the fact that humans have not stepped one foot onto the surface of Mars by now...Richard Milhous Nixon.

    http://en.wikipedia.org/wiki/Richard_Nixon

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 09:00am

    Re: Another Avenue

    "So the DMCA notice was bogus by NASCAR but should there not be an avenue for them to at least have a delay period before such videos are posted?"

    The issue is more of ethics. I honestly think that in spite of the intent by NASCAR to take it down...they could have used an alternate avenue. They could have requested that the video be taken down directly to the person who uploaded it to YouTube out of reverence of those injured and dead.

    So it really is hard to ask that and the real question is...Doesn't Google have other options for Take-Down requests outside of DMCA abuse??? Simply put it seems it does not in fact have other avenues for take-down requests other than copyright and DMCA.

    http://www.youtube.com/yt/copyright/copyright-complaint.html

    You know, now that I think about it Mike Mansick, maybe NASCAR showed genuine intent on its statement, but had no other avenue to go.

    http://www.youtube.com/yt/copyright/copyright-complaint.html

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 08:50am

    Re: Re: At last you've gotten to the concept of what belongs to others:

    "By the way, I DO NOT SUPPORT notions of "terms of entry" or whatever printed on a ticket: it's a public accomodation like any other business, you don't lose or give away rights merely by entering, there's NO contract beyond the terms of common law as in all other venues and times."

    The Ohio State University Marching Band had a video game review during a half-time show on September 8, 2012...filmed by hundreds of fans who posted it on youtube...not one of them were asked to take down the videos.......They bought standard tickets as those would in the NASCAR Stands would....and yes, the Ohio State University does in fact have press tickets....there are hundreds of videos on YouTube of the event.

    http://www.youtube.com/watch?v=sAzzbrFgcUw

    "NASCAR is a corporation with the monopoly on car racing, trying to exercise power here, that's all, and we need to quit letting corporations dictate "terms"."

    NASCAR is not the only auto racing industry in the US. There are several other specialized Auto Racing industries such an NGTA (National Grand Touring Association)and Formula 1 Kart Racing to name a couple.

    Now as far as corporate aspects...there was never any to deal with in the first place. The issue is purely copyright and DMCA abuse. There are many other journalists who had an issue with the same event. Mike Mansick is in fact writing about how they had no right to even issue a take-down notice. The focus is not narrowed it is rooted in the subject of copyright...I am no journalist myself but I can see that it is a copyright issue from the morning news paper I got......

    The creator of the content was not in fact a NASCAR official but a fan, and had their footage taken down upon request via Google's completely flawed automatic take-down policy upon DMCA take-down requests.

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 08:24am

    Re: Re: Re:

    Most people who use YouTube and are not intending to make a living off of it will not pay much attention to such notices. your last question pretty much nails the issue in its own right.

    The point is that the system is automated and it should not be. No matter what algorithm can be used to determine the legality of the video...automation has huge flaws when it comes to litigation.

    The official web site where live streams of the Democratic National Convention were aired are a prime example of automated takedown notices being a failure.

    The YouTube issue is automation and has been one since SOPA didn't pass.

  • On the post: Healthcare Isn't A Free Market, It's A Giant Economic Scam

    Wally ( profile ), 25 Feb, 2013 @ 07:59am

    Re:

    The abuses by the hospitals involved with fraud are actually contractually dealt with at the state level through companies that audit hospitals.

    The problem is that Obama basically said that his new system was universal health care...along the lines of the UK...and that we shouldn't worry about it. It turns out that when you look at it, Obamacare is a Universal Health Insurance Plan...

  • On the post: Healthcare Isn't A Free Market, It's A Giant Economic Scam

    Wally ( profile ), 25 Feb, 2013 @ 07:52am

    Re:

    You my dear sir have hit the logic nail right into the coffin :-)

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 07:43am

    Re:

    In a way, we did get to see copyright in action protecting the person who shot that video and posted it on YouTube. Google has a very flawed system where a video is taken down without human review. All a person has to do is issue a DMCA request to YouTube and if it goes uncontested by the user, it stays down. The entirety of all internet press/media contested that as well as Google's own lawyers...so the video was immediately put back up because NASCAR did not shoot that footage.

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 07:39am

    Re: The copyright does belong to NASCAR, but it was fair use.

    "However, the clip was clearly fair use by virtue of its news value."

    According to most legal experts....the user that created the video at the event....owns the copyright to that footage. It was news worthy and technically fair use. But the person that shot the footage on their camera or phone as it happened will own that copyright. There was no reason for NASCAR to issue the takedown.

    Even as far as saying that it was because "the person didn't have a press ticket", is a lame statement from NASCAR...which was their other excuse for the takedown request.

  • On the post: Journalists Have No Obligation To Cover A Story About You The Way You Want Them To Cover It

    Wally ( profile ), 25 Feb, 2013 @ 03:34pm

    Basically....

    The only time journalists should ever be legally obligated to reach out to whom they are writing is when they are quoting them directly from an interview standpoint.

  • On the post: NASCAR Abuses DMCA To Try To Delete Fan Videos Of Daytona Crash

    Wally ( profile ), 25 Feb, 2013 @ 07:33am

    Minght not have been NASCAR (Directly)

    This is going to sound a tad bizarre, but I hope people try to keep an open mind about what I am about to say.

    NASCAR may not have been durectly responsible for the DMCA take-down request to the video in question in the first place. Their intent may have only to allow respect for the families of those injured. When called out for their DMCA abuse...they backed off and canceled the request.

    I woke up early this morning to make breakfast for my wife before she headed off to teach. We were watching Good Morning America and that same video was featured there. Good morning America is a live show in the morning but each show is prepped weeks ahead of time. That had to have been clipped in after the take-down notice was "issued" by NASCAR. Then again the NHL doesn't even get that strict so who knows....

    NASCAR did in fact mean it in their statement that they wanted the video taken down and Mike Mansick I commend you for at least admitting their intent was in the right place...I do however agree they went at it the wrong way.

    I think this is the first time I heard of NASCAR ever really taking such DMCA measures against YouTube users.

  • On the post: Healthcare Isn't A Free Market, It's A Giant Economic Scam

    Wally ( profile ), 25 Feb, 2013 @ 03:47am

    US vs The World.

    I have a message for anyone outside the US:

    Most of you have universal healthcare. That's fine and dandy :-) I commend you for it. The problem here in the states is that unlike other nations with universal health care, ours under Obamacare is Universal Health Insurance.

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